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HomeMy WebLinkAbout11-3643F 6LED-01- FiCE a ?F TH PROTHONOTARY BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 2011 APR 14 AM 11: 11 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. i/ - 3?/ t13 (tt I/) I CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against the Defendant, as follows: Principal Balance $49,162.59 Interest to and including 3/08/11 1,000.14 Late Fees 165.72 Misc Fees 65.00 Attorneys' Fees 5,016.27 Total $55,409.72 Interest continues to accrue at the per diem rate of $9.90 from March 8, 2011. r S,? Pa. < eU f b-, By: ,tip BARLEY SNYDER LLC William F. lby, Jr., Esq re Troy B. Wider, Esquire Attorneys for Plaintiff 3168446 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 CI;" THE FILED-OFFCE C H jO " .t'1,Ry ?ffiAPR 14 12 CUMBERLAND CO PENNSyLVj4t?jiA ? ? Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. J(- 3G / -? c:?.r COMPLAINT CONFESSION OF JUDGMENT 1. The Plaintiff, Susquehanna Bank, is a banking corporation maintaining an address of 307 International Circle, Suite 600, Hunt Valley, MD 21030. 2. The Defendant, Chad W. Gelsinger, is an adult individual with a last known address of 1304 Norway Maple Court, New Cumberland, PA 17070. 3. On August 27, 2008, for value received, in connection with a commercial loan, and not a consumer transaction, WCG Investors, L.L.C. (the "Business"), issued to the order of, and delivered to the Plaintiff a certain Promissory Note (the "Note"), pursuant to which the Business promised to pay the Plaintiff the principal amount of Fifty-two Thousand Dollars ($52,000.00), plus interest and late fees thereon as therein provided. A true and correct copy of the Note is attached hereto, made a part hereof, and marked Exhibit "A." 3168446 4. As security for the payment and performance of the obligations of the Business under the Note, the Defendant executed and delivered to the Plaintiff a certain Commercial Guaranty (the "Guaranty"), dated August 27, 2008; a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "B." A true and correct copy of the Disclosure for Confession of Judgment is attached hereto, made a part hereof, and marked Exhibit "C". 5. The Business defaulted under the terms of the Note because it failed to pay the monthly payments due Plaintiff under and pursuant to the Note from December 27, 2010, and monthly thereafter. 6. As a result of the default of the Business under the Note, the Plaintiff enters judgment against the Defendant. 7. Judgment has not been entered on the warrant of attorney contained in the Guaranty in any jurisdiction. 8. The Guaranty has not been assigned, and the Plaintiff remains the holder hereof. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. An itemization of the amount due and owing to the Plaintiff by the Defendant under the Guaranty, as of March 8, 2011, is as follows: Principal Balance $49,162.59 Interest to and including 3/08/11 1,000.14 Late Fees 165.72 Misc Fees 65.00 Attorneys' Fees 5,016.27 Total $55,409.72 Interest continues to accrue at the per diem rate of $9.90 from March 8, 2011. 3168446-1 2 11. The warrant of attorney contained in the Guaranty provides for confession of judgment against the Defendant for the amounts itemized as set forth in Paragraph 10 above. WHEREFORE, the Plaintiff, prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendant in the sum of Fifty-five Thousand Four Hundred Nine Dollars and Seventy-two Cents ($55,409.72), plus interest at the per diem rate of $9.90, from March 8, 2011, continuing monthly late fees, and costs of suit. BARLEY SNYDER L?A By: William F olby, Jr., squire Troy B. Rider, Esquire Attorneys for Plaintiff 50 North Fifth Street; P. O. Box 942 Reading, PA 19603 Telephone: 610-376-6651 I.D. # 46880; I.D. # 206319 3168446-1 ^Q W W F- O Z O N U) O w a saI s 3?` w rz o? Jas c Ei c ? U = o f-V N a? S E $ a' ?s Q ° O a4 sS! Y N m? ?a °o ml O s s e J`?CN ?N CL ?a szW C= 0 0 0 0 0 h M C O fZ o. g°N:' Si4 ii =S'j°eu $ '? °cy3 °s g?•a Scm¦= ??o@!x p a o o c.$ p p i 4 o x 5??c g Z m 8 ? ?m ? ? C? $? jr P ? • ? 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OYy ¦? ¦b3L° j. ,XC$CS ,,-cs ?CCOS•?'Lw+I d O.N??LSY0.1m C=w??J -1 o2?-a ?.? g???fl is Op dL'vO m?0m0 C1 FmN W ?V ?N?iE .4 NJ W Loan No: 10005516587 PROMISSORY NOTE (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: WCG INVESTORS, LLC By:_.F?f9Y?C"- .r?Trj+?Y ?,.fi_ •-«?:?? , ?' (Seal) am u»umpsr, ayrtiber of WCG Investors, L.L.C. BY. W Seal) Ad IM?I,IroL.ni?,Nr.WMYq ?w.?YYr?1r,YIWYi,.Y?,M}, 10M. NMI+w..Y. .??„yyy?yMbWLOlOlC 111ir,t nw COMMERCIAL GUARANTY References In the boxes above are for Lender's use only! nd do not limit the sp+p1Icsbllily of this document to any particular ban or Item. An Item above oontainin has been omitted due to text ten tit limitations. Borrower: WCG Investors, L.LC. Lender: Susquehanna Bank PA 275 Cumberland Pkwy #101 Walnut Bottom Road Mechanlesburg, PA 17055-5077 1196 Walnut Bottom Road Carlisle, PA 17015 Guarantor: Chad W. Gelainger 150 Highland Circle Ettare, PA 17319.0371 GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditional) full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the ll guarantees performance and discharge of all Borrower's obligations under the Note and the Related Documents. This Is a guaranty of payment and performance and not of col, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lenders remedies against anyone elselection obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction or counterclaim, and will otherwise perform Borrowers obligations under the Note and Related Documents. INDEBTEDNESS. The word "Indebtedness' as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection coats and legal expenses related thereto permitted by law, reasonable attorneys' fees, arising from any and all debts, liabilities and obligations that Borrower Individually or collectively or Interchangeably with others owes or will owe Lender under the Note and Related Documents and any renewals, extensions, modifications, refinancings, consolidations and substitutions of the Note and Related Documents. If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lenders rights under all guaranties shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or Invalidate any such other guaranties. Guarantors liability will be Guarantors aggregate liability under the terms of this Guaranty and any such other untenInated guaranties. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness shall have been fully and finally paid and satisfied and all of Guarantors. other obligations under this Guaranty shall have been performed In fug. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes tender, without notice or demand and without lessening Guarantors liability under this Guaranty from time to time: (A) to make one or more additional secured or unsecured bane to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower, (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, Including Increases and decreases of the rate of Interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrowers sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; (E) to deterrMne how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof, Including without limitation, any nonjudldal sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or quality In any way the terns of this Guaranty; (B) this Guaranty Is executed at Borrowers request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter Into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result In a default under any agreement or other Instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor, (E) Guarantor has not and will not, without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transferor, otherwise dispose of all or substantially all of Guarantors assets, or any Interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit Information In form acceptable to Lender, and all such financial Information which currently has been, and all future financial Information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's flnendel condition as of the dates the financial information Is provided; (G) no material adverse change hat occurred in Guarantees financial condition since to date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantors financial condition; (H) no litigation, claim, investigation, administrative proceeding or similar action (Including those for unpaid taxes) against Guarantor Is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis Information regarding Sorowe es flnandal condition. Guarantor keep adequately Informed from such means of any fads, events, or circumstances which might In any way affect Guarantors risks agrees this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any Information or documents acquired by Lender In the course of Its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As awn as available, but In no event later than one-hundred-twenty (120) days after the and of each fiscal year, Guarantors balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but In no evert later than thirty (30) days after the applicable filing date for the tax reporting period ended, Federal and other governmental tax returns, prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and cortfled by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral, or notice of any action or nonacdon on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or In connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, Including Borrower or any other guarantor, (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lenders power, or (G) to commit any act or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral Including, but not limited to, any rights or defenses arising by reason of (A) any 'one action' or 'anti-defldency' law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lenders commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantors subrogation rights or Guarantors rights to proceed against Borrower for reimbursement, Including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrowers liability from any cause whatsoever, other than payment In full In legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of u uatMed impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender r)against Guarantor is commenced, them is outstanding Indebtedness which Is not bared by any applicable statute of limitations; or (F) any defenses given to guarantors at law or In equity other than actual payment and performance of the Indebtedness. N payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender Is forted to remit the amount of that payment to Borrowers trustee In bankruptcy or to any slmllar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shag be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such calm, demand or right may be asserted by the Borrower, the GuaranW or bath. EJtH?ff B COMMERCIAL GUARANTY Loan No: 10005516587 (Continued) Page 3 CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY ORTIHE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA TME , OR ELSEWHERE, TO APPEAR AT ANY FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1056) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (=500R ) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY O A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY", NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED AUGUST 27, 2008. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY 15 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR., A/l ' DISCLOSURE FOR CONFESSION OF JUDGMENT References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. Borrower: WCG Investors, L.L.C. Lender: Susquehanna Bank PA 275 Cumberland Pkwy #101 Walnut Bottom Road Mechanicsburg, PA 17055-5677 1196 Walnut Bottom Road Carlisle, PA 17015 Declarant: Chad W. Gelsinger 150 Highland Circle Etters, PA 17319-9371 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS C2- DAY OF 200K A GUARANTY FOR A PROMISSORY NOTE FOR $52,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, i REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X au !' -4- (Seal) Chad W. Gelsmger LMM MO Lr d'S V". SAOMAN Cap. M FF"WY SW- YK IM... M ft** R. -PA KMO&~AACFftJM SO.FC M-s 7 Ms r EW VERIFICATION Denise Aherne-Venzke verifies that she is the Assistant Vice President of Susquehanna Bank, Plaintiff in the within matter, that she is authorized to execute this Verification on its behalf, and that the facts set forth in the within Complaint are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 31.2qlu Denise Aherne-Venzke 3167112 FILED-OFFICE OF THE PROTHONOTARY 2011 APR 14 AM I I: I I BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. //_ 3(o'13 CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, Troy B. Rider, Esquire, Attorney for the Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: The address of the Plaintiff, Susquehanna Bank, is 307 International Circle, Suite 600, Hunt Valley, MD 21030-1376. The last known address for the Defendant, Chad W. Gelsinger, is 1304 Norway Maple Court, New Cumberland, PA 17070. Respectfully submitted, BARLEY SNYDER LL By: Will i?h F. Colby, Jr., Esquire Tr y B. Rider, Esquire I.D. No. 46880; 206319 3168446-I BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, FILED-OFFICE er OF THE PROTHONOTAR 2011 APR 14 AM It: I 1 CU PENNSYLVA141 A T COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11-36413 NON-MILITARY AFFIDAVIT COMMONWEALTH OF MARYLAND Q ss COUNTY OF 60 1 b L! kY_Ll Before me, the undersigned authority, personally appeared DENISE AHERNE-VENZKE, who being duly sworn according to law, doth depose and say that Chad W. Gelsinger, the Defendant, is not in the Military or Naval Service based on the following facts: Age of Defendant: Last known place of employment: Last known place of residence: as of the date of this Affidavit. SWORN TO and sub c ibed before me this 25? day of 2011. Pam Notary Pu lic 3168446-1 Unknown WCG Investors, L.L.C. 1304 Norway Maple Court New Cumberland, PA 17070 14 geennisce Aherne-Venzke MEGAN PALM Notary Public Baltimore County Maryland My Commission Expires Jul 22, 2013 r BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. ! I - 3 6 `/ 3 d,/ ,/ NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: CHAD W. GELSINGER DATE: APRIL 2011 A judgment in the amount of $55,409.72, plus interest at the rate per day rate of $9.90 from March 8, 2011, plus late fees and costs of collection has been entered against you and in favor of the Plaintiff, Susquehanna Bank, without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE 3168446-1 DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 S. Bedford Street Carlisle, Pennsylvania 717-249-3166 Respectfully submitted, BARLEY SNYDER LLC By Troy B. ider, Esquir Attev for Plaintiff 3168446-1 BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. I(, 3(ng3 e.,V, AFFIDAVIT OF BUSINESS PURPOSE COMMONWEALTH OF MARYLAND COUNTY OF l e ss Before me, the undersigned authority, personally appeared DENISE AHERNE-VENZKE, who being duly sworn according to law, doth depose and say that the Promissory Note and Commercial Guaranty which are the subject matter of this Complaint for Confession of Judgment for money damages was entered into solely for business purposes, and not for the purpose of any personal, household, family or residential uses, as of the date of this Affidavit. J. J'ali&IOU . Denise Aherne-Venzke SWORN -T?O and sub c ibed before me this 2 Cday of , 2011 MEGAN PALM Notary Public Baltimore County Notary is Maryland Pu My Commission Expires Jul 22, 2013 3168446-1 r BARLEY SNYDER LLC William F. Colby, Jr., Esquire Troy B. Rider, Esquire Court I.D. No. 46880; 206319 50 North Fifth Street, P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Attorney for Plaintiff SUSQUEHANNA BANK, SUCCESSOR TO SUSQUEHANNA BANK PA Plaintiff V. CHAD W. GELSINGER, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 11- 36 q3 e w._l NOTICE (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $55,409.72, on P,-+ iq 2011. (X) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. If you have any questions regarding this Notice, please contact the filing party: NAME: William F. Colby, Jr. Esquire Troy B. Rider, Esquire Barley Snyder LLC ADDRESS: 50 North Fifth Street P.O. Box 942 Reading, PA 19603 TELEPHONE:(610) 376-6651 (This Notice is given in accordance with Pa.R.C.P.236.) 3168446-1 NOTICE SENT TO: NAMES: Chad W. Gelsinger ADDRESS: 1304 Norway Maple Court New Cumberland, PA 17070 3168446-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Susquehanna Bank PA Sucessor to Community Banks vs. CHAD W GELSINGER Case Number 2011-3643 SHERIFF'S RETURN OF SERVICE 04/15/2011 08:55 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2011 at 2055 hours, he served a true copy of the within Notice and Complaint in Confession of Judgment, upon the within named defendant, to wit: Chad W. Gelsinger, by making known unto himself personally, at 1304 Norway Maple Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $45.00 April 18, 2011 FILED-OFFICE K ZDI I APR 20 PM 2' fl I cu PENNS La AtdS p, RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF icj LountySuite 6henff. 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